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Opinions Jan. 17, 2013

January 17, 2013
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Indiana Court of Appeals
Daniel Brewington v. State of Indiana
15A01-1110-CR-550
Criminal. Reverses convictions and sentences for intimidation of Dr. Edward Connor and intimidation of Heidi Humphrey and remands with instructions to vacate, which does not alter Daniel Brewington’s aggregate sentence. Affirms conviction for intimidation of Judge James Humphrey and for attempted obstruction of justice relating to Connor. Affirms in all other respects.

Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler
53A01-1207-CT-315
Civil tort. Affirms denial of Ballaban’s motion to correct error and the grant of summary judgment in favor of the Bloomington Jewish Community Inc. and other appellees on his complaint after he was fired as rabbi for Beth Shalom. Finds evidence supporting the ruling that the ministerial exception applies. Denies appellees’ request for attorney fees. Judges Vaidik and Bailey concur in result in separate opinions.  

Kyle W. Dixon v. Ara J. Dixon
34A05-1206-DR-303
Domestic relation. Affirms order granting the notice of intent to relocate filed by Ara Dixon. The mother’s intent to relocate was made in good faith and not in haste, and father would be able to maintain virtually the same parenting time schedule.

Marilyn Carter v. State of Indiana (NFP)
49A02-1206-CR-457
Criminal. Affirms convictions for Class A misdemeanors resisting law enforcement and battery.

B.B., Jr. v. State of Indiana (NFP)
45A03-1205-JV-228
Juvenile.  Affirms adjudication as a delinquent for having committed what would be Class A misdemeanor cruelty to an animal if committed by an adult.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort.  Grants rehearing to clarify original opinion and affirms, in which the Court of Appeals reversed summary judgment for Hunt on a negligence claim. Judge Riley would deny rehearing.

Steven Newville v. State of Indiana (NFP)
34A02-1205-CR-379
Criminal. Affirms Class A felony conviction of attempted rape.

Garrick P. Twiford, Jr. v. State of Indiana (NFP)
20A04-1205-CR-284
Criminal. Affirms conviction of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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